This case was heard in the Supreme Court of Nova Scotia.

Mr. MacEachern experienced problems with the quality of the water in his well, and he alleged that the problems were caused by the construction activities of Mr. McKenna. Mr. MacEachern therefore sued Mr. McKenna in nuisance, alleging that Mr. McKenna’s activities were interfering with his use and enjoyment of his property.

After considering a substantial amount of evidence, the Court determined that Mr. MacEachern had failed to prove on a balance of probabilities that Mr. McKenna had caused the problems with the water in his well. The Court therefore dismissed Mr. MacEachern’s claim.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2006/2006nssc189/2006nssc189.html

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